City proposes amendment to ordinance requiring sidewalks

An amendment to a city ordinance that has required the installation of sidewalk on new residential and commercial property as well as replatted lots would provide some exceptions.

As the ordinance reads now, new commercial or residential property must have sidewalks installed within 18 months. The ordinance also requires lots that have been replatted, to have sidewalks installed within five years.

The city council reviewed proposed changes Tuesday, however, that would allow a new criteria that would give landowners additional time to build the sidewalks providing the sidewalk will not connect to an adjoining sidewalk within five years and the sidewalk is not convenient or necessary for public use.

City Manager Joe Gaa said the current ordinance requires the installation of sidewalk but doesn't take into account if there's sidewalk on either side of the property being developed. This leads to situations where sidewalks installed at different times don't line up, or a lot is developed and sidewalk is installed that won't connect to other sidewalks.

Public Works Director Robin Bobzien said his office has several examples of sidewalks going in where they aren't needed because they're required.

City Attorney Ron Wager said with this amendment, exceptions to the sidewalk installation requirement must be granted through a finding from the city council.

In other action, the council also approved an ordinance expanding the definition of owner. Wager said this definition becomes important for certain city offices when employees are dealing with things like code enforcement issues or utility connections.

The expanded definition includes any grantee in the last deed of conveyance of the lot or parcel of land recorded with the County Register of Deeds Office or any heirs or successors; any buyer under contract for deed recorded in the County Register of Deeds Office (including heirs or successors); anyone in possession of personal property where title is not required and bill of sale is not available.

Both these ordinance amendments passed first reading and will be up for final consideration at the board's next meeting in two weeks.

These ordinance amendments follow final approval of four ordinances at the council's Dec. 27 meeting. Those ordinances:

  • Amended the city code clarifying the requirement of building permits before construction begins.

  • Adopts the 2018 International Fire Code requirements into the fire prevention and protection ordinance.

  • Supplements the city's 2022 budget and the parks and recreation budget.

At the Dec. 27 meeting, the council also approved a resolution to seek grant funds through the state's Bridge Improvement Grant program to replace the bridge on 10th Avenue Southeast. Bobzien said load limits have been posted on this bridge for about a decade. The estimated cost to replace this bridge is $3.345 million, which is substantially higher than the $1.7 million spent to replace the bridge on Third Avenue Southeast. If funding is granted, the city's share of the cost is $670,000.

This article originally appeared on Aberdeen News: Aberdeen City Council proposes amendment sidewalk ordinance